Issuance of license after deprivation for drunkenness

New procedure for returning rights after deprivation from October 20, 2018

The government has made changes to the rules for returning a driver's license after revocation.

From October 20, 2018, for those who want to return their driver’s license, it will be somewhat more difficult to do this due to changes in the Rules for the return of a driver’s license after the loss of grounds for termination of the right to drive a vehicle, which were introduced by the Government of the Russian Federation on October 10, 2018.

The corresponding document (Resolution of the Government of the Russian Federation No. 1210) is currently officially published on the Internet portal of state legal acts. You can view the document here.

Let us recall that, according to the current legislation, until October 10, 2018, the return of a driver’s license after the expiration of the period of deprivation was regulated by Government Decree No. 1191 of the Russian Federation “On approval of the rules for the return of a driver’s license after the loss of grounds for termination of the right to drive a vehicle,” which was adopted on November 14, 2014 .

Thus, according to the old resolution No. 1191, in order to return a driver’s license after the expiration of the period of deprivation, the driver must pass a theoretical exam at the traffic police. If a driver has been deprived of his license for driving under the influence of alcohol or drugs or for refusing to undergo a medical examination, in addition to passing exams on knowledge of traffic rules, in order to return the driver's license, it is also necessary to provide a medical certificate to the traffic police (even if the license has not expired).

However, contrary to the widespread myth that drivers must also pay all fines for traffic violations in order to get their license back, there was not a word about this in Government Resolution No. 1191.

As a result, a lot of drivers who had previously been deprived of their driver’s licenses and had debts on fines calmly returned their driver’s licenses without paying fines after passing the traffic police exams. It is worth noting that many drivers never paid the fines imposed on them. Moreover, many former disenfranchised people incurred huge debts.

Let us remind you that this is especially true for those who have been deprived of their license for driving while intoxicated, for which the driver is not only deprived of his license for a certain period of time, but is also subject to a large fine of 30,000 rubles.

As a result, the traffic police and the FSSP now have a lot of cases in their database regarding drivers who have large debts. Those drivers who have previously been deprived of their license several times have especially large debts. Not to mention criminal fines.

According to experts, despite the size of the fine, which for most Russians is a large sum, it did not stop drivers who decided to drive while drunk. After all, to return the rights it was not necessary to pay the fine assessed by the court.

As a result, the Government of the Russian Federation decided to change the procedure for returning rights after deprivation, making the main condition for return not only passing a theoretical exam at the traffic police, providing a medical certificate (if the deprivation was for driving a vehicle while drunk or for refusing a medical examination), but also PAYMENT of all fines.

As a result, starting from October 20, 2018, in order to return their rights, those deprived of their rights will have to pay all their outstanding fines. Otherwise, the driver’s license will not be returned even after successfully passing the theory and providing a medical certificate.

Traditionally, in connection with changes to Government Decree No. 1191, which were approved by Medvedev on October 10, 2018, we offer you answers to the most pressing questions that may arise from motorists deprived of their rights.

If I pay the fines, will my license be returned on the day of payment?

The new Decree of the Government of the Russian Federation No. 1210 clearly explains that the return of rights is possible only if the State Information System on state and municipal payments contains information about the payment of administrative fines imposed on the driver in the prescribed manner. True, the Government Decree allows the traffic police to return licenses even in the absence of information about payment of fines in the state information system, if the driver presents receipts for payments made.

What traffic police exams do you need to take to get your license back?

As regulated by the previous Government Resolution, according to the new procedure for returning a driver’s license, in order to return a driver’s license, the driver must pass a test for knowledge of the Traffic Rules.

The new Resolution clarified that questions in the theoretical exam should only be directly related to the Rules of the Road.

Where can I get my license back after being revoked?

Let us remind you that previously it was possible to return a driver’s license only after the expiration of the period of deprivation of the right to drive vehicles at the State Traffic Inspectorate unit at the place of execution of a court decision in an administrative offense case or a court verdict in a criminal case on the day of application upon presentation of a passport or other identification document . This was regulated by paragraph 5 of Government Decree No. 1191 of November 14, 2014. However, it was possible to pass the theoretical exam at any traffic police department.

Now, according to the new Decree of the Government of the Russian Federation No. 1210 of October 10, 2018, all deprived persons have the right to return their driver’s license to any department of the State Traffic Inspectorate. True, for this, the driver must, no later than 30 days before the end of the period of deprivation of rights, submit an application to the traffic police at the place of execution of the court decision in an administrative offense case or a court verdict in a criminal case, indicating the traffic police department where the driver's license must be sent.

That is, for example, if you were deprived of your rights in the Solnechnogorsk district of the Moscow region and your rights were kept in the Solnechnogorsk traffic police for the entire period of deprivation, but you decided to return your rights, for example, in the city of Ryazan, then no later than 30 days before the end of the deprivation period you must submit an application to the Solnechnogorsk traffic police with a request to send the driver’s license to the city of Ryazan, indicating the department number and address.

How to get your driver's license back after being revoked: detailed instructions.

Return of rights after deprivation in 2019. How to get your driver's license back: detailed instructions.

Deprivation of a driver's license is the most severe punishment for drivers provided for by the Code of Administrative Offenses of the Russian Federation. You can lose your driving privileges for such serious violations as driving while drunk, repeatedly running a red light, crossing a double line, and a number of other offenses.

The only difference in all these cases will be the period of deprivation of rights: the most severe punishment in 2019 is deprivation of a driver’s license for 2 years, and the mildest is deprivation of a driver’s license for 3 months. In this case we are talking about a one-time traffic violation. In case of repeated violation of the rules, the maximum term of imprisonment can reach three years. It is important to remember that the terms of deprivation of the right to drive for various offenses are cumulative.

In any case, the procedure for returning a license after deprivation worries most drivers - when to apply, where and what is needed for this? Many people are interested in the question of how to get your license back for “drinking” in 2019?

When does the period of deprivation expire?

The period of deprivation of the right to drive a vehicle is counted:
• From the date of entry into force of the judicial act on the deprivation of rights, provided that the driver surrendered his license to the State Traffic Safety Inspectorate no later than three days from the date of entry into force;
• From the date of actual delivery of the certificate to the traffic police, if this took place later than three days from the entry into force of the court decision.

Important: If the driver does not surrender his license, the period of deprivation does not begin to run! Treat this extremely responsibly, because even if you have a license in your hands, you do not have the right to drive, and the period of deprivation does not run!

In case of loss of rights or their destruction, the corresponding application must be sent to the traffic police instead of submitting a driving license. But remember that if you decide to deceive the police officers in this way and keep the “crust” for yourself, you risk “resetting” the period of deprivation of rights to the very beginning if you are caught by the traffic police with an allegedly lost certificate. Additionally, you will face serious fines and administrative arrest.

Passing the exam after deprivation of rights in 2019

Clause 4.1 of Art.
32.6 of the Code of Administrative Offenses of the Russian Federation establishes that when returning a driver’s license, the driver must pass a theoretical exam on knowledge of traffic rules. This requirement is mandatory for all drivers deprived of the right to drive a vehicle, regardless of the type of offense or period of deprivation. • You can take the exam before the expiration of the period of deprivation, but not earlier than half of the period.
• The exam is taken by any department of the State Traffic Inspectorate.
• If you fail the first time, you can take the exam again after a week, and the number of attempts is currently unlimited.

In 2019, you are given 20 minutes to pass the theoretical exam, with only 2 errors allowed in blocks of different topics. There are 4 blocks in total. Each block consists of 5 questions. According to the previous rules, the exam was considered successfully passed if there were 18 correct answers out of 20 questions. In 2019, new rules apply, according to which for each incorrect answer 5 additional blocks of different topics are given. Errors when answering additional questions are not allowed. The exam takes place in the format of online testing on a computer, so the driver is graded by a computer.

Where can I apply to get my driver's license back?

According to the previously effective Government Decree No. 1191 of November 14, 2014, it was necessary to apply for the return of the certificate at the State Traffic Inspectorate unit at the place of execution of the court decision in an administrative offense case or a court verdict in a criminal case.

In 2019, in accordance with Decree of the Government of the Russian Federation No. 1210 dated October 10, 2018, you can return your driver’s license at any department of the State Traffic Inspectorate. However, there is one condition - in this case, the driver must, no later than 30 days before the end of the period of deprivation of rights, send an application to the traffic police at the place of execution of the court decision in an administrative offense case or a court verdict in a criminal case, in which indicate the traffic police department where it is necessary send your driver's license.

If the driver was deprived of his license in another city where he received the certificate, then he has the right, through “his” traffic police department, to send there a request for the certificate to be sent to his place of residence. To do this, you need to contact “your” department and they themselves will send a request to the desired traffic police unit.

It is best to do this in advance, since the procedure for sending the ID can take more than a month.

Preparation of documents

After the exam has been passed and the deadline is coming to an end, you can begin collecting the necessary documents.
To apply to the traffic police for the return of your license you will need:
• Passport;
• An application or other document (receipt) with a mark on the delivery of the document to this traffic police department;
• A copy of the court decision on deprivation of rights to verify the calculation of the period;
• A document confirming successful completion of a theoretical exam on knowledge of traffic rules;
• Medical certificate in a number of cases specified by law.

Important: Drivers deprived of their rights under Art. parts 1 tbsp. 12.8 (driving while intoxicated) and Art. 12.26 (refusal to test for intoxication), as well as under Part 3 of Art. 12.27 (violation of the ban on drinking alcohol after an accident) of the Code of Administrative Offenses of the Russian Federation is required to undergo a medical examination. Based on its results, a conclusion is issued about the absence of contraindications to driving a car. Also, a medical certificate will be needed for drivers deprived of the right to drive a car by a court verdict for “drunk” accidents - that is, under Art. 264 of the Criminal Code of the Russian Federation.

In other cases, the requirement of a medical report by traffic police officers is illegal, although it does occur. Such a requirement can be appealed to a higher authority or court, but for many drivers it is easier to submit the required document to obtain a license as quickly as possible.

If the license expired while they were in the traffic police department, the driver will have to obtain a new license.

In addition to the package of documents listed above, you will need:
• Application for the issuance of a new driver's license;
• Receipt of payment of a fee in the amount of 2000 rubles for a plastic license or 500 rubles for a paper license.

Important: If the driver does not pick up his “crust” within three years, it must be destroyed.

The driver has the right to apply for the return of his license no earlier than 30 days before the expiration of the deprivation period, but his license will be returned to him only after the end of this period and not a day earlier.

Is it easy to get your rights back?

Most often, the return of a driver's license after deprivation occurs without any problems, provided that key conditions are met:
• Expiration of the period of deprivation and the actual surrender of the license to the traffic police;
• Payment of all fines issued to the driver;
• Passing an exam on knowledge of traffic rules theory;
• Necessary package of documents;
• Medical examination (if the deprivation was due to “drunk” charges).

Difficulties may arise if there are unpaid fines or if the driver’s license is in another city. There is also a risk of problems if the driver illegally kept his license and wrote a statement to the traffic police about its loss: in this case, he risks being subjected to serious sanctions again, and the period of deprivation of rights will be “zeroed” and will start running again.

If you have any difficulties getting your driver’s license back after being revoked, contact a car lawyer for legal assistance! I, lawyer V.V. Kochenkov, am ready to provide a full range of legal assistance in returning rights after deprivation.

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How to take back your license after the expiration of the period of deprivation for drunkenness

Despite the fact that penalties for driving while intoxicated are constantly being tightened up to the point of opening criminal cases, the number of such offenses is not decreasing. In this article we will tell you how to get your license back after being deprived of it for drunkenness and what documents you will need for this.

Violators of traffic rules in certain cases may be punished by confiscation of a driver’s license in accordance with the Code of Administrative Offences. The law provides for different periods of confiscation, depending on the severity of the offense. The minimum term is 1-2 months, the maximum is from 1.5 to 2 years for the following violations:

• Driving a car while under the influence of alcohol or drugs, or when transferring control to a person in a similar state.
• Causing moderate damage to the health of the victim.
• Illegal use of special signals.

Drivers who have already been caught driving while intoxicated may have their license revoked for up to 3 years.

According to traffic police statistics, of the total number of confiscated driver's licenses, 1/3 of them are those that were confiscated for driving while intoxicated.

The procedure for obtaining rights after deprivation for drunkenness

To get your license back after being deprived of it for drunk driving, you will have to become a pedestrian for a period of 1 month to 3 years. After this period, the car owner can return the driver’s license by going through the exam procedure again. The theory test is mandatory; a practical driving test is not required.

The deadline for transfer is not specified, that is, you can take the test at the traffic police inspection at any time after the expiration of the sentence. The number of retakes in case of failure of the exam is not limited; you can take tests every 7 days until the exam is passed.

• The tickets do not contain questions on medical topics.
• There is no test of knowledge of legislation.
• There are no questions on psychological topics.

Ekhamen is presented in the format of computer testing. There are 20 questions in total, which can only be answered incorrectly in two cases. You have 20 minutes to complete the test. After successfully passing the test, a certificate is issued, which will be needed when obtaining a certificate from the traffic police archives. Exams are accepted free of charge.

What documents are needed to retake your license after being disqualified for drunkenness?

Before completing your license revocation for driving while intoxicated, you must pay all fines, if any, and undergo a medical examination. The purpose of passing it is to obtain confirmation that the citizen has no contraindications to driving a vehicle. Documents required to be presented to the traffic police:

1. Passport.
2. A copy of the court decision on deprivation of a driver's license.
3. Medical certificate.
4. Document confirming passing the traffic knowledge test.

As soon as the sentence imposed by the court has expired, citizens can be sent to the traffic police office to regain their rights after they were deprived of them for drunkenness. The period during which the certificate is stored in the inspection archive is 3 years.

How to apply for a driver's license refund

The certificate is submitted to the traffic police inspection immediately after the court decision on deprivation of rights is made. The department where the license is surrendered is determined by the court. Usually this is the department whose inspector drew up a report on the drunk driver. If during the deprivation a citizen has changed his place of residence, then he must submit an application to the nearest traffic police department to send a request to his previous place of residence.

Application rules:

1. 30 days before the end of the punishment is the period established by law, no later than which it is necessary to write an application for the return of rights.
2. The application is submitted to the place where the driver handed over the selected license.
3. The application must be submitted in writing by hand or on the website of the State Traffic Inspectorate. In the “Reception of Applications” section, you must fill out a special form, which will be accepted at the desired department.

Within a month before the end of the sentence, the driver’s application will be considered. As soon as the day the punishment ends, the license is removed from the archive and the driver can get it back for use.

Where can I get a license after being imprisoned for drunkenness?

A traffic police inspector who discovers a drunk driver is assigned to a specific unit, where the driver’s documents of the offender must be submitted. It is in this department that you will receive the documents back when the deadline set by the court has passed.

It may happen that the violation did not occur in the locality in which the driver permanently resides. In this case, to return rights, you must:

• Go to the city where the driver’s license was confiscated and pick it up yourself.
• 30 days before the end of the period for deprivation of a driver’s license, write an application to the traffic police department at the place of residence with a request to make a request to another city to send documents to the violator’s place of residence.
• Contact the traffic police of another city, asking to send your license to your place of residence.

About innovations in the procedure for deprivation of rights

In 2017, the traffic police inspector is not authorized to confiscate the license of a drunk driver immediately after detecting the fact of driving a car while intoxicated. The police officer must make sure that the driver is drunk, asking him to take an alcohol test in the presence of witnesses. After this, he draws up a protocol on the violation and submits it to the inspectorate.

The driver has the opportunity to appeal the actions of the inspector if he believes that he was punished undeservedly. But it will be difficult to do so, since the breathalyzer readings and the police officer’s testimony will act against him. After the case of the violation is considered in court, which issues a decision on the temporary confiscation of the license, the driver is obliged to hand over the license to the traffic police inspectorate.

The citizen has 3 days to comply. Violators should not waste time coming up with reasons not to give up their rights, because The period of deprivation imposed by the court begins from the moment the document is submitted to the traffic police.

When can I get my license back?

If you have documents and successfully pass the traffic rules knowledge test, your license will be returned to the owner within 1 day. It must be borne in mind that requisitioned driver's licenses are stored in the archives of the traffic police for 3 years, after which they are destroyed if the owner has not identified himself in any way.

If the certificate is in the archive, then its owner only takes an exam on knowledge of traffic rules theory. If the storage period has passed, then the driver will have to restore the document again: undergo a medical examination in full, pass both theoretical and practical exams.

Obtaining a license after being disqualified for drunkenness becomes more difficult if the motorist is not prepared accordingly and has no idea how to do it legally. To increase your chances of success, you need to enlist the support of a competent lawyer.

When asked whether it is possible to return early a driver's license that was taken away for driving while intoxicated, the answer is clear - it is impossible to return the documents before the deadline established in the court order.

Experience as a lawyer since 2000. Graduated from the Moscow State Open University with honors. Provides consultation and assistance to citizens on all legal issues.

How to get a license through State Services after deprivation and whether you need to take an exam at the State Traffic Safety Inspectorate

Today, a driver’s license can be taken away both for gross violation of traffic rules and for drunkenness or drug use while driving. In each specific case, the return of the temporary residence permit will have minor differences. The topic of today's article will be a detailed analysis of how to get a license after deprivation, the procedure for passing the exam at the traffic police and who needs a medical certificate to retake. Separately, I would like to note that it costs nothing for motorists to get back on the road - there is no state duty.

The procedure for obtaining a license after deprivation and exams

They only take the theoretical part. The exam for the return of rights is held in the senior category. For example, if you have categories ABC open, then you need to take tickets of category C. You can sign up for a retake after deprivation in advance, but not earlier than half the period from the moment of deprivation. The countdown is calculated from the date of delivery of the driving license to the State Traffic Inspectorate.

A retake is a completely natural move, since the inspector is deprived of his duties for serious violations. Agree, if a student came to the exam after drinking, the examiner would not even test his knowledge, let alone issue a license. Accordingly, the person who has committed illegal actions must prove his worth by refuting illiteracy within the framework of knowledge of traffic rules.

The procedure for obtaining rights after deprivation has the following structure:

1. The driver submits his license to the State Traffic Inspectorate. 10 days after the judge’s decision, the decree comes into force and the deprived person must submit the VA within 3 days.
2. The citizen waits for the minimum time from which he can take the exam - the middle of the term.
3. Register for the exam through State Services.
4. On the chosen day, he comes to the traffic police department to take the exam.
5. The inspector checks the documents (medical certificate, if necessary, and passport) and sends you for a retake. There is no need to pay state duty.
6. The deprived person sits down at the computer and decides the ticket. Today you can make a maximum of 2 mistakes out of 20 questions. For one wrong answer, you additionally need to solve 5 questions without errors, for two - ten. If the additional questions are answered incorrectly, the exam will not be passed. You can come back for a retake no earlier than 7 days after an unsuccessful attempt.
7. If the theory is passed, we wait for the expiration of the period of deprivation and sign up again to obtain a license at the State Services.
8. On the selected day we receive the TC.

The algorithm of actions is quite simple, but often causes difficulties for unlucky motorists.

Do you need a medical certificate from the traffic police?

If the deprivation of rights occurred under articles part 1 12.8, part 1 12.26 and part 3 12.27, a medical certificate is required. This provision is fixed in the government decree of October 12, 2018 (on amendments to the rules for returning a driver’s license after the loss of the grounds for the right to drive a vehicle). These articles relate to drinking, drug and alcohol intoxication while driving, refusal to undergo a medical examination at the time of deprivation, and drinking alcohol after stopping the vehicle.

If the deprivation took place under other circumstances, a medical certificate is not needed to return the rights.

If your license was revoked for alcohol, go through a medical examination before taking the exams, but remember that it is valid for 1 year.

How, after deprivation, sign up for an exam through State Services to obtain a license

Log in to the portal and go through the following path: “transport and driving” - “driver’s license” - “replacement upon expiration or change in health status.” You can immediately follow this link https://www.gosuslugi.ru/10056/2 and you will find yourself here.

Don't be afraid of the state duty - you don't have to pay it. Select a personal visit and click receive service. Next comes filling out standard forms, which you don’t need to dwell on. We look for a convenient date and go to the State Traffic Inspectorate.

After successfully passing the exam, you must wait until the expiration date of the decision and, in a similar way, through State Services, make an appointment with the State Traffic Safety Inspectorate to obtain your license after deprivation.

Documents for obtaining a driver's license after deprivation

To obtain your license you will need the following set of documents:

• statement;
• passport;
• a certificate of a driver’s license submitted to the traffic police;
• court decision on deprivation (copy);
• certificate in form 003-В/У (if relevant in your situation);
• exam sheet (will be issued after passing the exam).

In general, all science. Not many drivers have a guardian angel behind them, protecting them from the vigilant inspector, rubbing his palms in anticipation of neutralizing a particularly dangerous criminal and depriving him of his driving license, making him a pedestrian. Everyone must respect the letter of the law, but I hope that these instructions helped to regain your rights, and now you have a clear understanding of what to do after deprivation.

Let's find out how to contrive to take away your license after being deprived of it for drunkenness

Legislative acts that explain how to take away your license after being revoked for drunkenness have been in effect since November 2014. The driver is expected to go through a number of steps before returning the revoked license. They make sure that the driver has the ability to be allowed to drive for medical reasons, and also knows the rules of the road to the extent necessary for safe driving.

Restoration of rights after deprivation of rights for drunkenness

The return of a driver's license after being revoked for drunkenness in 2019 is carried out according to the rules that have been in force for the last few years. There have been no changes to this part of the legislation. You must wait for the period of deprivation of rights to expire, submit an application and a package of documents to the traffic police department, which includes documents on retaking the theoretical exam, a medical certificate in the prescribed form, as well as a receipt for payment of a fine. Documents must be submitted either at the place of deprivation of rights, in which case this can be done on the day the deprivation period ends, or at the place of residence/registration. In this case, it is important to submit an application in advance.

A driver will be able to obtain a license after being disqualified for drunkenness only after all fines for previous offenses have been paid. It is also important to retake the theory exam ; if the exam was failed by the driver, then it can be retaken no earlier than after 7 days. The number of retakes is not limited. It is also necessary to obtain a medical certificate , which allows the driver to be allowed to drive a car; it includes a certificate from a narcologist and a psychiatrist.

List of documents for restoration of rights after deprivation of rights for drunkenness

To get your driver’s license back after being revoked for drunkenness, you will need to provide the following list of documents to the traffic police department.

1. identification card (both a passport and a document replacing it in accordance with the legislation of the Russian Federation);
2. a copy of the court order on deprivation of a driver's license;
3. a certificate confirming that the driver's license was tested after being disqualified for drunkenness;
4. medical certificate allowing the driver to drive a car.

Driver's license return period

Legislation explaining how to return your license after being deprived of it for drunkenness specifies clear deadlines for the possibility of return. If the driver drove a car while intoxicated for the first time, the court may deprive him of his license for a period of 1.5 to 2 years (regulated by the provisions of Article 12.8 of the Code of Administrative Offenses of the Russian Federation). The same article regulates the period of repeated deprivation of rights for drunk driving. If the driver violates this rule of law not for the first time, then you can get a driver’s license after being deprived of it for drunkenness within three years . Possible criminal liability. A retake after being disqualified for drunkenness is mandatory in both cases.